Himachal Pradesh High Court
Indira Sharma vs State Of H.P And Another on 21 September, 2020
Bench: L. Narayana Swamy, Anoop Chitkara
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.3329 of 2019
Decided on:21.09.2020
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Indira Sharma ...Petitioner
State of H.P and another Respondents
Coram
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Mr. Justice Anoop Chitkara, Judge
Whether approved for reporting?
For the petitioner: Mr.Sudhir Thakur, Senior Advocate with
Mr.Karun Negi, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General with
Mr.Adarsh K. Sharma and Ms.Ritta
Goswami, Additional Advocates General.
L. Narayana Swamy, Chief Justice.(Oral)
The prayer of the petitioner, who is working as a Staff Nurse in Civil Hospital Rajgarh, District Sirmaur, is to direct the respondents to allot government accommodation to her as she has to work during night shifts. The petitioner submits that she lives in a rental accommodation which is at a distant place from the hospital. The petitioner further submits that she has two daughters and her husband is working in Merchant Navy and it is very difficult for her to take care of her daughters and attend the office from distant place. As things stood, representations have been made for allotment of government quarters and while making such representations, it is stated by the petitioner therein that as a Nurse, she has to work during night shifts and especially ::: Downloaded on - 23/09/2020 20:18:03 :::HCHP 2 in pandemic situation, her services are required urgently in the hospital. When such being the case, the allotment should have .
been on the basis of nature of work. Though the representations have been made in the year 2019, but so far the same have not been considered. It is the submission of the petitioner that the consideration should have been as per the allotment of Government Quarters Rules but contrary to the same, allotments eligible.
r to have been made even to the persons who are not otherwise
2. On the last occasion, learned Senior Additional Advocate General was directed to ascertain the steps taken in respect of the representations. In pursuance to the same, a communication dated 19.09.2020 has been placed before this Court. It is submitted by learned Senior Additional Advocate General that now meeting is going to be held within 10 days from today and the case of the petitioner shall be considered in the said meeting as per law, and the Rules occupying the field. It is further submitted that most probably, it seems that the petitioner is eligible for allotment and there may be a chance of allotment of government accommodation to her.
3. We have heard learned counsel for the parties and gone through the record. It is pleaded in paragraphs 9, 10 and 11 ::: Downloaded on - 23/09/2020 20:18:03 :::HCHP 3 of the petition that the allotments have been made illegally and not in compliance with the allotment Rules. The petitioner, who is .
working as a Nurse, her services are required on emergency basis in the hospital. Also there is pleadings to the effect that the petitioner alone has to take care of her two daughters as her husband is working in Merchant Navy and it is very difficult for her to attend the requirements of her daughters and also to attend office from a distant place.
4. to In view of the facts and circumstances of the case, we dispose of this petition by directing the respondents to consider the case of the petitioner for allotment of Government accommodation within a period of ten days from today and file a compliance report on or before 7.10.2020 in the Registry of this Court.
5. Pending application(s), if any, also stands disposed of.
(L. Narayana Swamy), Chief Justice ( Anoop Chitkara), Judge September 21, 2020 ( vt ) ::: Downloaded on - 23/09/2020 20:18:03 :::HCHP